Lentilhon v. City of New York
Appellate Division of the Supreme Court of the State of New York
Action by Eugene Lentilhon against the city of New York. Plaintiff was nonsuited, and his motion for a new trial heard in the first instance on exceptions in the Appellate Division. Affirmed.
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Action by Eugene Lentilhon against the city of New York. Plaintiff was nonsuited, and his motion for a new trial heard in the first instance on exceptions in the Appellate Division. Affirmed. The complaint contains three counts for damages for breach of contract made between the plaintiff, a contractor, and the president of the department of parks, on the 2d day of June, 1899, for the removal of the Forty-Second Street Reservoir walls, and the excavation of the foundation for the new library building. The advertisement for sealed proposals for the work was preceded by a notice that…
1Opinion of the CourtLaughlin, J.
The plaintiff has been paid in full according to the contract. The object of this action is the recovery of damages for alleged breaches of the contract. The learned counsel for the city contends at the outset that the plaintiff has mistaken his remedy, and that the city is not liable, inasmuch as the work was performed under a special act of the Legislature, by which the city acted, so far as it acted at all, as the agent of the state. The special act is chapter 556, p. 832, of the Laws of 1897. It recites that the reservoir site has been added to Bryant Park, and it authorizes the…
2Cases cited17 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- Dean v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1901
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3Cited by4 opinions
- M. De Matteo Construction Co. v. Maine Turnpike AuthorityDistrict Court, D. Maine · 1960
- City and County of San Francisco v. Transbay Const. Co.Court of Appeals for the Ninth Circuit · 1943
- City of Newcastle v. DingleIndiana Supreme Court · 1916
- Transbay Const. Co. v. City and County of San FranciscoDistrict Court, N.D. California · 1940